186. (L.) Francis Dunn proceedingsdefend , was indicted for stealing one silver quart tankard, value 6 l. the property of Francis Loftus proceedingsvictim , in the dwelling house of the said Francis , March 17 . +

Francis Loftus. I keep the Hercules behind the Exchange , I have sixteen silver tankards in all, we always carry them up stairs when we go to bed; on the 17th of March in the morning I had them all, and at night there was one missing.

Q. Have you seen it since?

Loftus. I have. (Produced in court broke into four pieces, and another to compare with it, the Hercules ingrav'd on it, with Francis on one side, and Loftus on the other.) I advertised it on the Monday following, upon which I had it again in this condition.

Elliad Mulling. I am a drawer with Mr. Loftus, the first time I saw the prisoner, was on the 14th of March in the morning, he came between eight and nine, and staid till about half an hour after ten; he came again on the 17th, about half an hour after three, and had a tankard of beer in the kitchen with the cook; one of our boys drew the beer in a silver tankard with a lid; (that which we lost had got a lid.)

Q. Look at these pieces, is this your master's tankard?

Mulling. Here is the same name and engraving on it as is on all my master's tankards, and I believe it is my master's property; the prisoner was at that time talking to the cook, saying he had been a mountibank, and had travelled round England, and got a deal of money that way.

John Allison < no role > . I live with Mr. Johnson a pawnbroker, the corner of Russel-court, Bridge's-Street; on the 17th of March the prisoner brought the handle and part of the body of the tankard to me to pawn, he asked fourteen shillings upon it, I weigh'd it, and found it weigh'd eight ounces, it was much disfigured, I got a constable, and carried him before justice Fielding, he not being at home, we put him into the watch-house, and advertiz'd the part of a tankard.

Thomas Nicholls < no role > . I am constable, I carried the prisoner to the round-house, (justice Fielding not being at home) where he lay till the Monday.

Thomas Carrey < no role > . I am watchouse keeper of Covent Garden parish, I set there on nights, on the 17th of March, Mr. Allison and the constable brought the prisoner to the watchouse about ten at night, I lock'd him up in a room; a little time after the beadle of the night and I went up stairs and searched him, and found the other pieces of the tankard in his pockets, that is the lid, the bottom, and part of the body; he has acknowledged since, it was Mr. Loftus's property.

Nicholas Brite < no role > . I went up in the watchouse with Mr. Currey, to search the prisoner, and found the three pieces he has mention'd, upon the prisoner.

Prisoner's defence.

I told them I had the rest about me, before they searched me, and told them my wife and mother would find out the man that gave it me to pawn.

Brite. He said it was a family tankard, and when his wife and mother came, they would own it. I took care to have the pieces below, against they came. They said they knew nothing of it.

To his Character.

Epbhraim Elicock. The prisoner liv'd with me a year, fifteen years ago; I know nothing of him since: he behaved himself well, then.

Ann Barret < no role > . I have known him eight or nine years he served his time to a barber and periwig-maker ; I never knew him wrong man, woman, or child, of the tythe of a pin.

Eleaner Sherriden. I have known him three years, but have not seen him for a year past. He behaved well and work'd for his bread when I knew him.

Guilty of stealing, but not in the dwelling-house .

[Transportation. See summary.]